New York S 105: Enacts the "consumer and small business protection act"

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S00105 Summary:

BILL NOS00105 

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SAME ASSAME AS A05287

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SPONSORCOMRIE

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COSPNSRBAILEY, BRISPORT, BROUK, CLEARE, FERNANDEZ, GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY,
 HOYLMAN-SIGAL, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PALUMBO, PARKER, RAMOS, RIVERA,
 RYAN C, RYAN S, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS

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MLTSPNSR

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Amd §349, Gen Bus L

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Enacts the "Consumer and Small business Protection Act"; relates to standing for persons affected by prohibited or unlawful business practices; expands prohibited acts to include unfair, deceptive or abusive acts.

Go to top S00105 Actions:

BILL NOS00105 

&nbsp

01/08/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS00105 Committee&nbspVotes:

Go to topS00105 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00105 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 105

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. COMRIE, BAILEY, BRISPORT, BROUK, CLEARE, FERNANDEZ,
 GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, JACK-
 SON, KAVANAGH, KRUEGER, LIU, MAY, MAYER, MYRIE, PALUMBO, PARKER,
 RAMOS, RIVERA, RYAN S, SALAZAR, SANDERS, SEPULVEDA, SERRANO, SKOUFIS
 -- read twice and ordered printed, and when printed to be committed to
 the Committee on Consumer Protection

 AN ACT to amend the general business law, in relation to enacting the
 "Consumer and Small business Protection Act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "Consumer
 2 and Small business Protection Act (CSPA)".
 3 § 2. Legislative findings and intent. The Legislature declares that
 4 the State has a responsibility to protect individuals and businesses
 5 within the State from unfair and abusive business acts and practices.
 6 The Legislature further declares that the State's law, which guarded
 7 only against deceptive business acts and practices, has been insuffi-
 8 cient to meet this responsibility and has become out of date as other
 9 states' laws provide far greater protections. Consumers and small busi-
 10 nesses have long been vulnerable to unscrupulous business practices that
 11 are unfair and abusive without being expressly deceptive. The State must
 12 not allow bad actors to peddle predatory products and services as long
 13 as they are clever enough not to get caught in a lie. To that end, and
 14 to better level the playing field for the State's many honest busi-
 15 nesses, this legislation defines unfair and abusive acts and practices
 16 expansively.
 17 The State must also ensure that this protection covers small busi-
 18 nesses, which are frequent targets of predatory loans and other forms of
 19 exploitation, along with all consumer transactions. This legislation
 20 therefore rejects the limitation, imposed by courts, that prohibited

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00161-01-5

 S. 105 2

 1 conduct be "consumer oriented," have an impact on the public at large,
 2 or be part of a broader pattern. Consumers and small businesses are
 3 entitled to redress whenever they are harmed by deceptive, unfair, or
 4 abusive conduct.
 5 Finally, for any of these protections to be meaningful, the State must
 6 ensure that the remedies for prohibited conduct provide an effective
 7 deterrent. This legislation therefore updates the statutory damages for
 8 violations for the first time in decades, from $50 to $1,000, and allows
 9 meaningful punitive damages for particularly egregious behavior. The
 10 Legislature recognizes that unfair, deceptive, and abusive practices
 11 have a particular impact on poor individuals, people of color, and those
 12 affected by natural disasters and health emergencies, including the
 13 COVID-19 pandemic. For this reason, the State must ensure that limited
 14 resources not prevent individuals and small businesses from seeking
 15 remedies. This legislation therefore opens access to justice by making
 16 recovery of attorney's fees mandatory for a prev